Kerala High Court
Rekha N vs The State Of Kerala on 2 June, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 11480 OF 2025
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2025:KER:38747
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
MONDAY, THE 2ND DAY OF JUNE 2025 / 12TH JYAISHTA, 1947
WP(C) NO. 11480 OF 2025
PETITIONER:
REKHA N
AGED 46 YEARS
W/O SUNIL KUMAR, HSST JUNIOR MALAYALAM, SREE VASUDEVA
GOVERNMENT HSS NADUVATHUR, KOILANDY, KOZHIKODE- (RESIDING AT
VANNARATH,P.O, PURAMERI, VADAKARA, KOZHIKODE DISTRICT, PIN -
673503
BY ADVS.
SHRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
HIGHER SECONDARY EDUCATION, NEW BUILDING, ULOOR LANE,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION
OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION, KOZHIKODE DISTRICT, PIN - 673001
4 THE MANAGER
SREE VASUDEVA GOVERNMENT HSS NADUVATHUR, KOILANDY,
KOZHIKODE, PIN - 673620
5 THE PRINCIPAL
SREE VASUDEVA GOVERNMENT HSS NADUVATHUR, KOILANDY,
KOZHIKODE, PIN - 673620
PREMCHAND R NAIR-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING
WP(C) NO. 11480 OF 2025
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2025:KER:38747
JUDGMENT
Dated this the 2nd day of June, 2025 The petitioner, whose appointment as HSST Jr.Malayalam in Sree Vasudeva Government HSS Naduvathur, has not been approved by the Regional Deputy Director of Higher Secondary Education, has approached this Court in the present writ petition for the following reliefs:
(i) call for Exhibit P-4, P-7, P-8, P-8 (a) and P-11 to the extent it failed to sanction the HSST Jr Malayalam post from the academic year 2013-14 onwards and denial of the approval of appointment of the Petitioner covered in Exhibit P-3 by issue a writ of certiorari or other appropriate writ order or direction.
(ii) Issue a writ of mandamus or other appropriate writ order or direction directing to Respondents to approve the appointment of the Petitioner as HSST ( Jr) Malayalam w.e.f 21.10.2013 onwards covered in Exhibit P-3.
(iii) Issue a writ of mandamus or other appropriate writ, order or direction directing the 1st Respondent to take a decision on Exhibit P-17 taking into account of Exhibit P-6, P-13 to P-16 and P-18 to P-20, with notice to the Petitioner in a time bound manner.
(iv) to dispense with filing of English translation of vernacular documents produced along with the Writ Petition
(v) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.
WP(C) NO. 11480 OF 2025 3 2025:KER:38747
2. The learned counsel for the petitioner submits that the petitioner would be satisfied if this Court directs the 1st respondent to consider and take necessary decision on the review petition pending before him in Ext.P17, in accordance with law, expeditiously.
3.Sri.Premchand R. Nair, learned Senior Government Pleader, does not have any objection to such a prayer.
Therefore, the present writ petition is disposed of with a direction to the 1st respondent to pass necessary order on the review petition in Ext.P17 preferred by the petitioner expeditiously, preferably within a period of two months in accordance with law, after affording an opportunity of hearing to the petitioner.
Sd/-
D.K. SINGH JUDGE AP WP(C) NO. 11480 OF 2025 4 2025:KER:38747 APPENDIX OF WP(C) 11480/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE GOVERNMENT ORDER GO (RT) NO.3392/2022/G.EDN DATED 04.06.2022 Exhibit P-2 TRUE COPY OF THE SELECT COMMITTEE MINUTES DATED 20.10.2013 Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER DATED 21.10.2013 OF THE PETITIONER Exhibit P-3 (a) TRUE COPY OF THE JOINING REPORT BY THE PRINCIPAL TO THE REGIONAL DEPUTY DIRECTOR NIL DATED Exhibit P-4 TRUE COPY OF THE ORDER NO. A1/204/2013/K.DIS DATED 09.07.2014 Exhibit P-5 TRUE COPY OF PROPOSAL DATED 28.10.2013 Exhibit P-6 TRUE COPY OF THE RECOMMENDATION OF THE DIRECTOR DATED 04.07.2019 Exhibit P-7 TRUE COPY OF THE G.O(MS) NO. 23/2015/G.EDN DATED 23.01.2015 Exhibit P-8 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2012-13 TO 2014-15 DATED 25.05.2018 Exhibit P-8 (a) TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2015-16 TO 2019-2020 DATED 06.12.2019 Exhibit P-9 TRUE COPY OF G.O(RT) NO. 3050/2019/G.EDN DATED 26.07.2019 Exhibit P-10 TRUE COPY OF THE APPROVAL ORDER NO. A2/8248/19 DATED 06.12.2019 OF THE RDD HSE, KOZHIKDOE Exhibit P-11 TRUE COPY OF THE G.O(RT) NO. 5816/2021/G.EDN DATED 10.12.2021 Exhibit P-12 TRUE COPY OF THE G.O(MS) NO. 47/2017/G.EDN DATED 08.06.2017 Exhibit P-13 TRUE COPY OF THE G.O (MS) NO.398/2002/G.EDN DATED 29.11.2002 Exhibit P-14 TRUE COPY OF THE JUDGMENT WPC NO. 20849/2013 DATED 19.09.2014 OF THIS HON'BLE COURT Exhibit P-15 TRUE COPY OF THE JUDGMENT IN SLP NO. 18120/2019 DATED 30.04.2024 OF THE HON'BLE SUPREME COURT Exhibit P-16 TRUE COPY OF G.O(RT) NO. 8425/2024/G.EDN DATED 21.11.2024 Exhibit P-17 TRUE COPY OF THE REVIEW PETITION DATED 15.02.2025 BEFORE THE GOVERNMENT Exhibit P-18 TRUE COPY OF THE JUDGMENT WP(C) NO.9063/15 & CONN.CASE DATED 06.11.2019 Exhibit P-19 TRUE COPY OF THE GOVERNMENT ORDER GO ( RT) NO.684/2025/G.EDN DATED 24.01.2025 WP(C) NO. 11480 OF 2025 5 2025:KER:38747 Exhibit P-20 TRUE COPY OF THE ORDER NO. RDDHSE/295/2024-A3 (1) DATED 24.02.2025 OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KOZHIKODE